On July 18, 2024, a New York federal judge dismissed most of the US Securities and Exchange Commission’s ("SEC") claims against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer...more
In June 2024, California Attorney General Rob Bonta and Los Angeles City Attorney Hydee Feldstein Soto announced a $500,000 settlement1 with Tilting Point Media LLC (Tilting Point). After a joint investigation by the...more
Rhode Island became the latest state to enact comprehensive data privacy legislation, when the Rhode Island Data Transparency and Privacy Protection Act (the "Rhode Island Data Privacy Act") passed into law on June 28, 2024....more
On May 24, 2024, Minnesota Governor Tim Walz signed into law the nation's 19th comprehensive data privacy law, the Minnesota Consumer Data Privacy Act (the "Minnesota Act"), which will take effect on July 31, 2025. This law...more
6/4/2024
/ Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Protection ,
Governor Walz ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Regulatory Agenda ,
Regulatory Requirements ,
State Privacy Laws
On May 9, 2024, Maryland Governor Wes Moore signed into law Senate Bill 541 (the "Maryland Online Data Privacy Act") making Maryland the eighteenth state to adopt comprehensive data privacy legislation in the United States...more
5/15/2024
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Data Protection ,
Enforcement ,
New Legislation ,
Online Privacy Protection Act ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
State and Local Government ,
State Privacy Laws
On April 2, 2024, the California Privacy Protection Agency's (CPPA) Enforcement Division issued its first enforcement advisory, titled "Applying Data Minimization to Consumer Requests," to further emphasize the importance of...more
5/9/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Collection ,
Data Deletion ,
Data Protection ,
Data Selling ,
Data-Sharing ,
Enforcement ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Regulatory Requirements
On March 6, 2024, New Hampshire joined the steadily expanding number of states adopting a comprehensive data privacy law, when Governor Chris Sununu signed SB 225 (the "New Hampshire Privacy Act"). The law will take effect...more
5/7/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
On 17 April, 2024, Nebraska Governor Jim Pillen signed into law omnibus Legislative Bill 1074, which includes the Nebraska Data Privacy Act, making Nebraska the seventeenth state to adopt comprehensive data privacy...more
Proposed American Privacy Rights Act of 2024 seeks to establish national consumer data privacy rights, govern Artificial Intelligence and automated decision-making, impose additional obligations on high-impact social media...more
4/19/2024
/ Consumer Privacy Rights ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Privacy Laws
On April 4, 2024, Kentucky joined the rapidly growing number of states adopting a comprehensive data privacy law, when Governor Andy Beshear signed, the Kentucky Consumer Data Protection Act ("Kentucky CDPA"). The law will...more
4/16/2024
/ Consent ,
Consumer Privacy Rights ,
Data Privacy ,
Enforcement ,
Exemptions ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Penalties ,
Personal Data ,
Personally Identifiable Information ,
Sensitive Personal Information ,
State Privacy Laws
On February 21, 2024, California Attorney General Rob Bonta ("Cal AG") announced that his office reached a settlement with DoorDash, the food delivery service company, for violating the California Consumer Privacy Act...more
3/25/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Selling ,
DoorDash ,
Enforcement Actions ,
Opt-Outs ,
Personal Information ,
Privacy Policy ,
Settlement ,
State Attorneys General ,
State Privacy Laws ,
Third-Party Service Provider
On February 28, 2024, President Biden signed Executive Order 14117 on "Preventing Access to Americans' Bulk Sensitive Data and United States Government-Related Data by Countries of Concern" (the EO).1 The EO calls for the...more
On February 29, 2024, the US Department of Commerce Bureau of Industry and Security ("BIS") announced an advanced notice of proposed rulemaking ("ANPRM") that asks for public input on potential regulations to address the...more
As 2024 gets underway, California's regulators have continued to press forward in seeking to enforce the California Consumer Privacy Act (CCPA). Two recent developments warrant mentioning....more
3/1/2024
/ California Privacy Protection Agency (CPPA) ,
Data Privacy ,
Data Protection ,
Digital Platforms ,
Enforcement Actions ,
Internet Streaming ,
Mobile Apps ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Oversight ,
State Privacy Laws ,
Technology Sector
The effective dates of new U.S. data privacy laws are closing in. Currently, thirteen states have passed comprehensive data privacy laws in the United States: California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana,...more
The Connecticut Office of the Attorney General ("CT AG") has released its first report on enforcement of the Connecticut Data Privacy Act ("CTDPA"), revealing its focus on companies’ privacy policies, protections of...more
The effective dates of new U.S. data privacy laws are closing in. Currently, thirteen states have passed comprehensive data privacy laws in the United States: California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana,...more
2/7/2024
/ California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
New Legislation ,
Personal Information ,
Privacy Laws ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
State Privacy Laws
On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 332 (the "New Jersey Data Privacy Law") making New Jersey the thirteenth state to adopt comprehensive data privacy legislation. This signing...more
2/6/2024
/ Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Data Protection ,
Data Security ,
New Jersey ,
New Legislation ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws ,
Targeted Digital Advertising
In 2023, the privacy landscape saw a proliferation of comprehensive state data privacy laws being enacted in several jurisdictions, as well as a few that have also taken effect. Although, many of the laws are similar,...more
12/27/2023
/ Artificial Intelligence ,
Biden Administration ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Reform ,
State and Local Government ,
State Privacy Laws
In 2019, the US data privacy framework changed significantly with the emergence of the California Consumer Privacy Act which created a significant compliance burden for most businesses that collect personal information about...more
12/27/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Enforcement ,
Legislative Agendas ,
Personal Information ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
With the 2023 annual report season upon us, it is time for companies to take stock of risk factors for 10-Ks and 20-Fs, and consider whether recent economic, political, technological, and regulatory developments have had (or...more
12/22/2023
/ Annual Reports ,
Artificial Intelligence ,
Climate Change ,
Cybersecurity ,
Disclosure Requirements ,
Geopolitical Risks ,
Internal Controls ,
Popular ,
Publicly-Traded Companies ,
Risk Factors ,
Securities and Exchange Commission (SEC)
On October 30, 2023, the US Securities and Exchange Commission ("SEC") announced that it filed charges against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer ("CISO") in connection...more
11/15/2023
/ Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Civil Monetary Penalty ,
Cyber Attacks ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement ,
Fraud ,
Information Technology ,
Initial Public Offering (IPO) ,
Injunctive Relief ,
Insurance Industry ,
Internal Controls ,
Investors ,
Material Misstatements ,
Misleading Statements ,
NIST ,
Omissions ,
Popular ,
Publicly-Traded Companies ,
Reporting Requirements ,
Sarbanes-Oxley ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Software ,
Vulnerability Assessments
On October 19, the Consumer Financial Protection Bureau (the "CFPB") proposed the long-anticipated "Personal Financial Data Rights Rule" (the "Proposed Rule"), which would govern access for consumers and data aggregators to...more
On July 18, 2023, Oregon Governor Tina Kotek signed into law Senate Bill 619 (the "Oregon Consumer Privacy Act"), Oregon's new state consumer privacy law, which will become effective July 1, 2024. Oregon now joins California,...more
Florida Governor Ron DeSantis recently signed Senate Bill 262 into law, adopting the "Digital Bill of Rights" proposed by his office in February. Florida joins the rapidly increasing group of states, California, Utah,...more
9/21/2023
/ Cure Periods ,
Data Collection ,
Data Processors ,
Enforcement ,
Florida ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Jurisdiction ,
Minor Children ,
Nonprofits ,
Online Gaming ,
Opt-Outs ,
Popular ,
Sensitive Personal Information ,
Social Media ,
Software ,
State Privacy Laws